By George "Trey" Lyons, III, Nicole Grimm, and Brett Scott --
This morning, Canada became the second country in the world to legalize cannabis across the board.[1] As much of the world wonders what will become of this "national experiment," many of us in the IP industry contemplate the impact Canada's legal landscape will have on canna-IP rights, both in the U.S. and abroad. As we've noted in other posts and articles, cannabis innovators and companies should do all that they can to protect their IP in this burgeoning market and evolving legal landscape.[2] Other companies have certainly done so, and will continue to do so, particularly in light of continuing international acceptance and protection.[3] Economy breeds innovation, and the seismic step forward by our neighbor to the north today will certainly have effects on strategies for protecting these rights going forward. And, who knows, here's to hoping it may have broader impacts on cannabis legalization and protection in the U.S., in spite of those who continue to oppose these efforts.[4]
[1] Canada has authorized medicinal cannabis usage since 2001, but today legalized both full recreational and cultivation usages. For context, Uruguay was the first country to legalize all three usages—albeit with different limitations than those enacted in Canada.
[2]See, e.g., "Protect Your IP," Cannabis Business Times, available at http://www.cannabisbusinesstimes.com/article/protect-your-ip/.
[3] See, e.g., "Biotech Institute's Growing Patent Portfolio -- U.S. Patent No. 9,095,554 and the Path Forward", Patent Docs, available at http://www.patentdocs.org/2017/11/biotech-institutes-growing-patent-portfolio-us-patent-no-9095554-and-the-path-forward.html; "Considerations for Canna-Patent Owners and Applicants in Light of Insys Development Co. v. GW Pharma Ltd.", Patent Docs, available at http://www.patentdocs.org/2018/05/considerations-for-canna-patent-owners-and-applicants-in-light-of-insys-development-co-v-gw-pharm-lt.html;
[4] See, e.g., "Sessions's War on the Cole Memo and the New Frontier for the Canna-IP Industry", Patent Docs, available at http://www.patentdocs.org/2018/01/sessionss-war-on-the-cole-memo-and-the-new-frontier-for-the-canna-ip-industry.html.
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